A person holding power of attorney for the creator of an irrevocable trust can amend the trust even though the creator died before he could agree to the amendment, a unanimous appeals panel ruled yesterday, reversing a Staten Island judge.
In Perosi v. LiGreci, 80217/10, Justice John Leventhal (See Profile) said that nothing in state law prevented an attorney-in-fact from amending the trust absent a specific provision in the trust instrument. Justices Peter Skelos (See Profile), Ruth Balkin (See Profile) and Plummer Lott (See Profile) joined in the opinion.
